N.Y. Penal Law § 130.35: Rape in the first degree

§ 130.35 Rape in the first degree.

A person is guilty of rape in the first degree when:

1. he or she engages in vaginal sexual contact with another person:

(a) By forcible compulsion; or

(b) Who is incapable of consent by reason of being physically

helpless; or

(c) Who is less than eleven years old; or

(d) Who is less than thirteen years old and the actor is eighteen

years old or more;

2. he or she engages in oral sexual contact with another person:

(a) By forcible compulsion; or

(b) Who is incapable of consent by reason of being physically

helpless; or

(c) Who is less than eleven years old; or

(d) Who is less than thirteen years old and the actor is eighteen

years old or more; or

3. he or she engages in anal sexual contact with another person:

(a) By forcible compulsion; or

(b) Who is incapable of consent by reason of being physically

helpless; or

(c) Who is less than eleven years old; or

(d) Who is less than thirteen years old and the actor is eighteen

years old or more.

Rape in the first degree is a class B felony.